TERMS AND CONDITIONS OF SALE
All Goods sold by K Concept Pty Ltd (ABN 80 085 825 711) are sold subject to the following Terms and Conditions. |
| PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PROCESSING YOUR ORDER ONLINE. BY PROCEEDING YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT BELOW. IMPORTANT NOTE: Acceptance of these terms by you will be deemed if you click “I ACCEPT”. Acceptance shall bind you and all of your employees to the terms and conditions set out below. |
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| 1. |
DEFINITIONS |
| 1.1. |
“KC” means K Concept Pty Ltd. |
| 1.2. |
“Buyer” means individual or organisation who buys or agrees to buy Goods from KC; |
| 1.3. |
“Goods” means the articles, products or items purchased by the Buyer from KC; |
| 1.4. |
“GST” means Goods and Services Tax; |
| 1.5. |
“Terms and Conditions” means Terms and Conditions of sale set out in this document and any special Terms and Conditions stipulated in writing by KC; |
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| 2. |
CONDITIONS |
| 2.1. |
Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a consumer. |
| 2.2. |
These Terms and Conditions shall apply to all future orders for the sale of Goods by KC to the Buyer and shall prevail over any other documentation or communication. |
| 2.3. |
Any variation to these Terms and Conditions (including any special Terms and Conditions) shall be inapplicable unless provided in writing by KC. |
| 2.4. |
Acceptance of delivery of the goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions. |
| 2.5. |
KC shall be under no liability to the Buyer in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of the Goods supplied pursuant to this Agreement. To the extent possible at law, the Buyer shall release and discharge KC from any claim for damage or loss arising from the supply of the Goods under this Agreement. |
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| 3. |
PRICE, PAYMENT AND DELIVERY |
| 3.1. |
General - The price for the Goods shall be the price established by KC from time to time. |
| 3.2 |
The Buyer agrees to pay the price notified by KC in accordance with the payment method agreed with KC, by the time advised by KC and without deductions of any kind. Payment for items is made in accordance with the following: Full payment is required for any Order that is less than five hundred dollars ($500) to confirm the order for the Goods (no Goods will be ordered until payment is confirmed); or Any Order priced at greater than five hundred dollars ($500) a deposit of fifty (50%) is required to confirm the Order for the Goods (no Goods will be ordered until payment is confirmed). This price excludes delivery of the Goods. The balance payment for the Goods must be cleared by the bank before the agreed delivery date. |
| 3.3. |
Adjustment of price - KC reserves the right to alter prices at any time and for any reason. Where there is an adjustment to the price, KC shall notify the Buyer in writing of any change of price and such change of price shall become part of these Terms and Conditions two (2) days after delivery to the Buyer of the notice of change of price. |
| 3.4. |
All Goods will be dispatched from our Melbourne warehouse in accordance with the following: if marked on our online system “in stock” within 5 business days from receipt of payment. After dispatch from our Melbourne warehouse, shipping time to most capital cities is approximately 1-2 business days. Upon dispatch the customer will be provided with details of delivery including name and telephone number of the courier as well as a Consignment Note Number (if possible); if marked on our online system “order” or “SD” for special delivery at least 30 business days from receipt of payment as this will be required to be ordered directly from our European partner warehouse. After dispatch from our Melbourne warehouse, shipping time to most capital cities is approximately 1-2 business days. Upon dispatch the customer will be provided with details of delivery including name and telephone number of the courier as well as a Consignment Note Number (if possible); All deliveries are kerbside, that is, to your front door only. There are added costs for assembly of the Goods which KC may arrange on your behalf and invoice before final delivery of the Goods. Please note for heavy or bulky items you will need help to carry the furniture inside. |
| 3.5. |
KC will allow Buyers to arrange for direct pickup from their Melbourne Warehouse at time allotments designated by KC from time to time. Please notify us if you would prefer to arrange pick from our Melbourne Warehouse upon Ordering of the Goods. |
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| 4. |
BUYERS RIGHTS AND OBLIGATIONS |
| 4.1. |
Notwithstanding anything contained elsewhere in these Terms and Conditions, the Buyer accepts, upon delivery of the Goods, all risk for loss or damage to the Goods whether caused by the Buyer or not, and further indemnities KC against all claims, demands, suits and actions for loss or damage caused by arising from the handling, transport storage, display or use of the Goods after the Buyer has taken possession of the Goods. The Buyer grants KC, our employees and agents an irrevocable licence to KC from any against liability to any third party as a result of such retrieval. |
| 4.2. |
Ownership, property and title in and to the Goods shall only be transferred to the Buyer when payment in full has been made by the Buyer to KC for all sums owing to KC whether under this agreement or any other contract, agreement or arrangement and until such payment is made KC has the right to call for and the Buyer is under an obligation to deliver up the Goods to KC forthwith upon such demand. |
| 4.3. |
No documentation affixed to or referring to the Goods shall be removed from the Goods and/or destroyed by the Buyer until such time as title to the Goods has passed to the Buyer under these terms and conditions. |
| 4.4. |
Notwithstanding any other agreement, monies owing in respect of the Goods shall become immediately due and payable: |
| 4.5. |
Until the Goods have been paid for in full, the Buyer shall store the Goods in a manner, which clearly indicates the ownership of KC and shall hold the Goods in a fiduciary capacity as bailee for KC. |
| 4.6. |
Where the Goods have not been paid for in full the Buyer may only onsell the Goods to a third party in the ordinary course of business of the Buyer and on the condition that: where the purchaser does not immediately pay for the Goods, the purchaser is given written notice of KC's interest in the Goods and the existence and operation of this retention of title clause; or where the Buyer is paid by the purchaser, the Buyer holds the whole of the proceeds of sale on trust for KC; the Buyer keeps proper records of the sale of the Goods; and where the Buyer is not paid by the purchaser, the Buyer shall assign its claim against the purchaser to KC upon KC so requesting, which request is solely within KC's discretion |
| 4.7. |
For the purpose of giving effect to and perfecting the agreement specified in paragraph (g)(ii), the Buyer hereby irrevocably appoints KC as its attorney. |
| 4.8. |
Upon confirmation of the order for the Goods, any cancellations of the order or termination by KC pursuant to these terms and conditions will result in a forfeiture of such amount of the deposit as is equal to fifty per cent (50%) of the total sale price. The Buyer may also be liable for any further loss suffered by KC as a result of the Buyer’s cancellation. |
| 4.9. |
“GST” means Goods and Services Tax; |
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| 5. |
KC’S RIGHTS AND OBLIGATIONS |
| 5.1. |
KC shall arrange for the delivery of the Goods to the Buyers delivery address as specified on the members profile page and order delivery comments where specified. |
| 5.2. |
KC shall be entitled to cancel agreements and refuse delivery in the event that the Buyer resides in, or changes their delivery to an address not covered by KC’s home delivery area. |
| 5.3. |
It is specifically agreed that at no time shall delivery be required to be completed on a specific date or at a specific time. |
| 5.4. |
KC reserves the right to withdraw any Good(s) from their range of products without prior notice. If Good(s) are withdrawn the Buyer shall not be liable to pay for Good(s) ordered by the Buyer. |
| 5.5. |
If the Buyer defaults on any of the obligations in these Terms and Conditions, KC may refuse to, restrict or enforce special conditions on, further deliveries to the Buyer. |
| 5.6. |
If for any reason the Buyer requires a postponement in delivery past your installation date an additional storage fee of $20.00 per day will be incurred. This will be invoiced directly to you when the delivery date is confirmed and is payable along with the balance prior to delivery. |
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| 6. |
LIMITATION OF LIABILITY |
| 6.1. |
Except as may be implied by law, in the event of any breach of these Terms and Conditions by KC, the remedy to the Buyer shall be limited to damages, which shall in no circumstances exceed the price of the Goods or a re-supply of the Goods delivered at the discretion of KC. |
| 6.2. |
KC shall not be liable for any consequential, indirect or special damages or losses of any kind whatsoever, nor shall KC be liable for any damage or loss caused by the Buyer’s servants, agent or other persons. |
| 6.3. |
No waiver by KC in enforcing any of their rights under these Terms and Conditions shall prejudice their rights to do so in the future. |
| 6.4. |
KC shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside their reasonable control, including but not limited to an act of God, strikes, lock-outs, accidents, war, fire, breakdown of plant and machinery or shortage of or unavailability of raw material from a natural source of supply. |
| 6.5 |
The Buyer shall indemnify and keep indemnified KC from and against any loss, damage or injury incurred by KC, its employees and agents in connection with the attendance of the Seller, its employees, or agents at premises owned or occupied by the Buyer for the purpose of providing and / or delivering the Goods. This indemnity shall not apply in the case of loss, damage or injury which is caused by the negligence of KC or its employees or agents. |
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| 7. |
DEFAULT |
| 7.1. |
In the event that the Buyer defaults on payment by not paying the full tax invoice amount by the due date, it is agreed that the Buyer will pay in addition to the full tax invoice amount:
- interest at the rate of eleven per cent (11%) per annum commencing from the tax invoice due date; and
- an administration fee of ten dollars ($10.00) for each and every reminder notice or re-render issued by KC, their agents or representatives; and
- an administration fee of fifteen dollars ($15.00) per month or part thereof the account or part thereof remains outstanding or overdue. |
| 7.2. |
It is further agreed that the Buyer will reimburse all KC’s legal costs on a solicitor/client basis for any work associated with the Buyers default or collection of overdue funds including additional interest and administration fees charged in accordance with these Terms and Conditions. |
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| 8. |
LOG IN AND REGISTRATION |
| 8.1. |
Once the Buyer accepts these Terms and Conditions, the Buyer will be able to process their order for the Goods and be issued with a user identification login and password (“Members ID”). |
| 8.2. |
The Buyer must keep the Members ID secure and confidential and not reveal these to any other person |
| 8.3. |
The Buyer agrees to immediately notify KC of any unauthorised use of their Members ID or of any of the Buyer’s personal information or any other breach of these Terms and Conditions. |
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| 9. |
REFUND POLICY |
| 9.1. |
The Buyer shall have the right to return any Goods that are damaged, faulty, fail to comply with statutory requirements or do not comply with the Buyers order. |
| 9.2. |
The Buyer shall inspect the Goods immediately upon receipt and shall notify KC within twenty-four (24) hours of delivery if the Goods are damaged or do not comply with the agreement or order. The Parties agree that if the Buyer fails to notify KC by telephone or in writing (by email to info@kconcept.com.au) within five (5) days, the Buyer shall be deemed to have accepted the Goods. |
| 9.3. |
Items that are to be returned must be returned by the Buyer to following address upon KC’s direction and time:
K Concept Pty Ltd
1-5 Winterton Road
Clayton Victoria
Australia 3168 |
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| 10. |
GENERAL |
| 10.1. |
If any terms or provisions of these Terms of Conditions are held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, such provisions shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provisions eliminated. |
| 10.2. |
KC shall be entitled to range these Terms and Conditions at any time without requiring the consent of the Buyer. Such new Terms and Condition shall become binding after receipt by the Buyer. |
| 10.3. |
These Terms and Conditions shall be governed by and construed in accordance with the Law of Victoria and the parties hereby submit to the non-exclusive jurisdiction of the Victorian Courts. |